Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-12-31
CIRCUMsTANTIAL EVIDENCE.
It's Unreiiability Shown in Case 1,
Court Yesterday.


Court Yesterday.
An illustration of the unreliability n,
cIrcumstantial evidence was made in Judge
armstrong; Court yesterday. 1t will be
remembered by readers of The RECORD.
UNION that about six months ago the resi-
denee of ]. Hyams. who lives on n street.
between Tenth and Eleventh, was burglar
lied in broad daylight and valuable dia-
mond ring and other jewelry and q purse
containing a sum of money stolen All of
these articles were upon bureau n plain
SIGHT. Suspicion at once fastened upon
young man named Frank Adams. who
peddied stove polish about the city and
I who. 1t was alleged, was seen departiug
! from the house by the alley way a few
moments before discovery Of the burglary
/ was made. Finger marks on q window
sill made with smutted fingers was a cir
+ cumslance strong against him. 4 warrant
was sworn out for his arrest, and he was
! brought back from San Francisco. whittier
he had gone Immediately after the burg
larry. lie was examined in the Police
Court, held 10 answer before the Superior
Court for burglary, and vas unable to give
bail. All this time he
sroUTLY PROTESTED HIS INNOCENCE.
anu utsclGIIhed ali knowledge OF the
whereabouts of the stolen property. After
Delng IN the jail for some time and enter
tanning no hope of establishing his inno-
cence, he urged that he be given a speedy
trial, as he did no relish the idea OF
remaining IN prison any longer than he
could help. But on account of
the PRESSURE OF other business, Judge
Armstrong continued his case until the jan
uaTy term. Fer some time past. however
Mr.. Hyams has believed that Adams was
not the real burglar. He gave the matter
however, but little attention until yester-
dsy, when he read the Reconnaissance
account OF the strange doings of Amy Cook.
he then remembered having seen her
around his premises about the lime of the
burglary, and the finding of lot of baby
clothes III shed in the rear of the lot.
connecting these circumstances Hyams
determined to investigate the case, in an
endeavor to find the real thief He vaster-
day went TO Amy's home and asked her
mother TO grant him an interview with the
girl. Mrs. Cook consented, and Mr..
Hyams was conducted to the girls room
and asked her if she knew anything of the
stolen property.
THIS SHE sToUTLY DENIED.
Mr.. Hyams then told her, to frighten her,
that she had been seen TO leave his house
by the back way on the day of the burg
larry AT this she started, and for a few
moments made no reply, but on being
urged to answer boldly informed Mr.. Hy-
ans that he was right, and that she was
the guilty party. Being requested to de-
scribe how she entered the premises she
said that she had gone into the yard by the
alley entrance, and that she climbed into
the house by the kitchen window, which
she had opened and propped up with a
piece of kindling wood. She stated that
she had disposed OF a portion of the iewelrv
by giving 1t to some children, and that she
had secreted the diamond ring, purse,
handkerchief and a pair of gloves in the
cellar OF the residence of +. Holtzhouser,
who lives at 1913 2 street, and had covered
them with gunny sack, on top of which
she had placed an empty coal-oil can. She
was then released from the chain with
which she is confined at home, and al
lowed to accompany Mr.. Hyams to where
the articles were hidden. They were found
located exactly as described by the girl.
MIR. Hyams then conducted Amy to her
parents, and Immediately impaired his
newly-acquired information to District At
torney Bruner. The Superior Court had
adjourned, but on hearing these new facts
JUDGE Armstrong OPENED COURT
And ordered Adams brought before him.
Mr.. Hyams was then sworn and his state
ment, as here related was taken down by
the Court reporter. Judge Armstrong
questioned Adams regarding his knowi-
edge of the crime, but he stoutly protested
his innocence and said that it was not nee
essary for him to steal, as he had ability to
earn an honest living, which he had always
done. In accordance with the facts thus
developed, Judge Armstrong made an
order releasing him from custody and dis
missing the charge against him At this
Adams shed tears of joy, for he informed
the Court that though he knew he was
innocent, yet the circumstancial evidence
seemed SO strong against him that he had
made up his mind ne must suffer impris-
onment as a felon.